Alternative Dispute Resolution at EPA

EPA strongly supports
the use of alternative dispute resolution (ADR) to deal with disputes and
potential conflicts. EPA uses the definition of ADR in the Administrative
Dispute Resolution Act of 1996 [PDF - 12 pp., 38 K. About
PDF]: "any procedure that is used to resolve issues in controversy,
including but not limited to, conciliation, facilitation, mediation, fact
finding, minitrials, arbitration, and use of ombuds, or any combination
thereof." 5 USC 571(3). All these ADR techniques involve a neutral
third party, a person who assists others in designing and conducting a process
for reaching agreement, if possible. The neutral third party has no stake
in the substantive outcome of the process. Depending on the circumstances
of a particular dispute, neutral third parties may be Agency employees or
may come from outside EPA. Typically, all aspects of ADR are voluntary,
including the decision to participate, the type of process used, and the
content of any final agreement.

EPA encourages the use of ADR techniques to prevent
and resolve disputes with external parties (e.g., state agencies, industry,
environmental advocacy groups) in many contexts, including adjudications,
rulemaking, policy development, administrative and civil judicial enforcement
actions, permit issuance, protests of contract awards, administration
of contracts and grants, stakeholder involvement, negotiations, and litigation.
In addition, EPA encourages the use of ADR techniques to prevent and resolve
internal disputes such as workplace grievances and equal opportunity employment
complaints, and to improve labor-management partnerships.

While ADR may be appropriate in any of these contexts,
the decision to use an ADR technique in a particular matter must reflect
an assessment of the specific parties, issues, and other factors.
ADR program staff at EPA Headquarters and in the Regions can help the
parties assess whether and which form of ADR should be used in a particular
matter.